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Discussion

Silly question - enforceability of NDAs
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Smokemeakipper
Posted - 26 November 2015 15:59
OK apologies in advance for the daftness of this q., but indulge me.

The facts are:

- NDA currently in place between firm A and external providers.

- NDA governed by law of country X, concerning servicies provided by external providers to firm A based in that country.

- Firm named on NDA is in fact the parent co., firm B, based in another country (different name/legal entity). Firm A is not included as also being party to the NDA.

- Party signing on behalf of firm B is partner from that office abroad, not of firm A in country X

- Is this NDA enforceable in any way? Surely it must be between the providers and firm A directly? Or failing that, firm A must also be made party to the agreement, and thus signed by someone with the capcity to do so?




Ypells
Posted - 02 December 2015 15:02
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Typically, Parent Co would be allowed to pass information onto its affiliates, and there would be an express provision making Parent Co liable for ensuring that its affiliates/employees/representatives follow the terms of the NDA.
Buck
Posted - 07 January 2016 00:41
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Smoke - what does the NDA say? are affiliates of the executing party included in the confidentiality provisions?